Definition and meaning of swearing an oath
In German law, swearing an oath constitutes the solemn assurance by a person that a certain statement has been made truthfully to the best of their knowledge and belief. It is a component of many administrative and judicial proceedings and serves the function of increasing the probative value and credibility of statements. The term “Beeidigung” (swearing an oath) is derived from the oath and means that a person emphatically ‘swears’ a specific declaration and is thereby aware of the criminal consequences for making false statements or committing perjury.
Legal basis for swearing an oath
Swearing an oath in judicial proceedings
German Code of Civil Procedure (ZPO)
Within civil court proceedings, the Code of Civil Procedure (ZPO) governs swearing an oath, particularly in connection with the examination of witnesses and experts. According to § 391 ZPO, the court may administer an oath to witnesses and experts on their statements, especially if their testimony is of significant importance for the decision of the case.
German Code of Criminal Procedure (StPO)
In criminal proceedings, the swearing of an oath is governed in particular by the German Code of Criminal Procedure. Under §§ 59 ff. StPO, the court may administer oaths to both witnesses and experts, with certain witnesses not being sworn in accordance with § 60 StPO, such as children under 16 years or individuals who, for religious or ideological reasons, do not wish to take an oath.
Administrative procedure
Swearing an oath also plays a role in administrative procedures, for example in the context of witness testimonies in administrative court proceedings pursuant to the Administrative Court Procedure Act (VwGO).
Swearing an oath in public law
Swearing an oath is of particular importance in civil service law. According to § 64 of the Federal Civil Servants Act (BBG), civil servants must take an official oath, thereby affirming their allegiance to the constitution and a commitment to lawful conduct.
Government-appointed experts or interpreters are also regularly sworn in formally to ensure their truthfulness and conscientiousness in future assignments.
Types of oaths in German law
There are various oaths in German law, each relevant to different situations:
- Witness oath: Given by witnesses to affirm the truthfulness of their statements.
- Expert’s oath: Given by experts to confirm the accuracy of their reports.
- Oath of office or service oath: Given by public officials and relates to their official duties.
- Affidavit / Statutory declaration in lieu of oath: This involves a written declaration under oath, which in practice partly replaces the traditional oral oath.
Procedure of swearing an oath
The oath is usually administered in a formal ceremony by a competent authority or court. It presupposes a prior oral examination or declaration. The wording of the oath can vary depending on the area of law. Generally, the oath is administered by reciting a prescribed formula, for example: “I swear that my statement is true, so help me God.” Alternatively, a declaration without a religious invocation is permitted (“I swear that my statement is true”).
Legal consequences of swearing an oath
Criminal consequences
Making a sworn statement known to be false is one of the most serious crimes related to judicial proceedings. Perjury (§ 154 StGB) as well as making a false statutory declaration in lieu of oath (§ 156 StGB) are punishable by significant terms of imprisonment. Making a false statement without being under oath is also punishable (§ 153 StGB), but subject to a lesser penalty.
Binding effect and probative value
Swearing an oath increases the evidential weight of a statement and imparts a special credibility. Courts attribute greater persuasive power to sworn statements.
Who is authorized to administer an oath?
In Germany, only entities specifically authorized to do so are entitled to administer an oath. These particularly include judges, notaries, certain public authorities, and registry offices acting within their jurisdiction. The administration of the oath is subject to certain formal requirements and may only occur within strictly defined procedures.
Rights to object and refuse
There is generally no universal obligation to take an oath under German law. Certain individuals may refuse to take an oath for reasons of conscience or under specific legal provisions. This includes, for example, the right to refuse to testify (§ 52 StPO), which can also encompass a refusal to take an oath.
International aspects of swearing an oath
Swearing an oath is relevant not only in German law, but also in international proceedings, for example, in mutual legal assistance cases or when recording witness statements abroad. Typically, the respective national provisions are applied analogously, with the principle of truthfulness always being central. In the European and international context, there are sometimes differences regarding the form and legal effects of oath-taking.
Special forms: Swearing-in of interpreters and translators
A special area is the swearing-in of interpreters and translators. For judicial and official purposes, these individuals are generally sworn in by the state judicial authorities, thereby ensuring that their translations and interpretations meet the statutory requirements of truthfulness and conscientiousness.
Summary and significance of swearing an oath in the rule of law
Swearing an oath is an essential element of the German legal system. It serves to ensure truthful and reliable statements, particularly in judicial and administrative proceedings. Its legal framework, the associated duties, and the severe consequences of violating these duties highlight the particular importance of oath-taking for the administration of justice and trust in the rule of law.
See also:
Frequently asked questions
What is the procedure for swearing an oath?
The procedure for swearing an oath in Germany is strictly regulated and is generally governed by the provisions of the respective federal state and the relevant specialist laws (e.g. Interpreter Act, Translator Act, laws on witnesses). First, an application for swearing-in must be submitted to the competent authority (often the regional court or an appropriate examining body). Evidence of personal and professional suitability, reliability, and in most cases a certificate of good conduct and proof of professional qualification must be provided. After successful review of the documents, a personal interview or test of the applicant’s knowledge of the German legal language usually follows. The oath itself is then administered in a formal act, in which the applicant must recite a legally prescribed oath formula. Swearing an oath confers the authority to act as a court-appointed and generally sworn-in translator or interpreter. The oath is documented and is valid either for a specific period or indefinitely, depending on state regulations.
Who can administer an oath and who is authorized to do so?
The administration of an oath may only be carried out by state bodies authorized for this purpose. Typically, these include courts (mostly regional or local courts), or—in the case of interpreters and translators—occasionally the competent administrative authorities. The specific competent authority depends, in each federal state, on the respective state laws and ordinances. Authorized bodies conduct a formal procedure and record the oath in writing. Involvement of unauthorized persons in the administration of an oath renders the act invalid and may have criminal consequences.
What are the legal effects of swearing an oath?
Swearing an oath has significant legal effects. By formally making an oath or a substitute declaration, the declarant is bound to their statement with increased personal responsibility, which is especially important in criminal and civil proceedings. Taking an oath also establishes a special position of trust; for sworn translators and interpreters, the oath confirms the correctness and authenticity of the translation. Violations of the duty to tell the truth after swearing an oath are subject to criminal sanctions, for example under the offence of perjury pursuant to § 154 StGB. Furthermore, swearing an oath may confer certain official powers and rights—such as submitting certified documents to authorities.
Is a sworn oath valid indefinitely?
The validity of the oath is determined by the relevant state laws and, where applicable, federal provisions. In many federal states, the oath is valid for a specified period (e.g., five years) and can be extended upon request if the requirements continue to be met. Some state laws also provide for unlimited validity; however, these models also require ongoing professional and personal suitability, which can be reviewed regularly or upon notification by authorities. If the requirements lapse, the oath may be revoked.
What obligations arise from swearing an oath?
In addition to general legal duties, special obligations of care and confidentiality accompany the oath. Translators and interpreters are required to perform their duties impartially, conscientiously, and in compliance with professional secrecy (§ 189 GVG). Furthermore, they must notify the competent authority of any changes in personal circumstances that are relevant to the oath (e.g., loss of reliability). Violations of these obligations may result in civil liability for damages, revocation of the oath, and criminal consequences.
Can an oath also be revoked or withdrawn?
Yes, a previously administered oath can be revoked or withdrawn in the legal context if the statutory requirements are no longer met. This is regularly the case if, subsequently, personal or professional suitability no longer exists, if there has been a criminal conviction, or in cases of gross violations of duty in connection with activities as a sworn interpreter or translator. The competent authority decides at its discretion and may, depending on the circumstances, conduct a hearing of the affected person. The affected person generally has legal remedies against the revocation, such as the right to file an objection or bring an action before the administrative court.
What are the consequences of false swearing or perjury?
Unlawful acts related to swearing an oath—especially the intentional making of a false statement after taking an oath—constitute a serious criminal offence. So-called perjury is punishable by a minimum of one year imprisonment pursuant to § 154 StGB. Even negligent or deliberately false statements within the framework of a statutory declaration in lieu of oath may be punishable under § 156 StGB. In addition, civil damage claims and disciplinary measures up to and including permanent revocation of the oath may result.
